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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 42

As to commencement of works and removal of works made contrary to byelaws.

42. Where a notice, plan, or description of any work is required by any byelaw
made by [the Ministry of Development] to be laid before that [Ministry, the
Ministry] shall, within one month after the same has been delivered or sent to
[the Ministry], signify in writing their approval or disapproval of the
intended work to the person proposing to execute the same; and if the work is
commenced after such notice of disapproval, or before the expiration of such
month without such approval, and is in any respect not in conformity with any
byelaw of [the Ministry of Development, the Ministry] may cause so much of the
work as has been executed to be ... removed.

Where [the Ministry of Development] incur expenses in or about the removal of
any work executed contrary to any byelaw, such [Ministry] may recover in a
summary manner the amount of such expenses either from the person executing
the works removed or from the person causing the works to be executed, at
their discretion.

Where [the Ministry of Development] may under this section ... remove any work
begun or executed in contravention of any byelaw, or where the beginning or
the execution of the work is an offence in respect whereof the offender is
liable in respect of any byelaw to a penalty, the existence of the work during
its continuance in such a form and state as to be in contravention of the
byelaw shall be deemed to be a continuing offence, but a penalty shall not be
incurred in respect thereof after the expiration of one year from the day when
the offence was committed or the byelaw was broken.

S.43 rep. by 1972 NI 19 art.16(2) sch.4

Penalty on building houses without privy accommodation.

© 1878 Crown Copyright

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